Pharmaceutical Research and Manufacturers of America et al v. Sandoval et al
Filing
88
ORDER Granting 87 Stipulation for Extension of Time re 86 Motion for Leave to File Document (First Request). Responses due by 5/24/2018. Signed by Magistrate Judge Carl W. Hoffman on 5/18/2018. (Copies have been distributed pursuant to the NEF - MR)
Case 2:17-cv-02315-JCM-CWH Document 87 Filed 05/16/18 Page 1 of 3
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Pat Lundvall (NSBN 3761)
McDONALD CARANO LLP
2300 West Sahara Avenue, Suite 1200
Las Vegas, NV 89102
Telephone: (702) 873-4100
lundvall@mcdonaldcarano.com
Robert N. Weiner
Admitted Pro Hac Vice
Jeffrey L. Handwerker
Admitted Pro Hac Vice
R. Stanton Jones
Admitted Pro Hac Vice
ARNOLD & PORTER KAYE SCHOLER LLP
601 Massachusetts Avenue, NW
Washington, DC 20001
Telephone: (202) 942-5000
robert.weiner@apks.com
jeffrey.handwerker@apks.com
stanton.jones@apks.com
Attorneys for Plaintiffs Pharmaceutical
Research and Manufacturers of America and
Biotechnology Innovation Organization
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
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PHARMACEUTICAL RESEARCH AND
MANUFACTURERS OF AMERICA and
BIOTECHNOLOGY INNOVATION
ORGANIZATION,
Plaintiffs,
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Case No.: 2:17-cv-02315-JCM-CWH
STIPULATION AND ORDER
(First Request)
vs.
BRIAN SANDOVAL, in his official capacity
as Governor of the State of Nevada;
RICHARD WHITLEY, in his official capacity
as Director of the Nevada Department for
Health and Human Services; and the
NEVADA LEGISLATURE,
Defendants.
Plaintiffs Pharmaceutical Research and Manufacturers of America (“PhRMA”) and
Biotechnology Innovation Organization (“BIO”) (together, “Plaintiffs”), and Defendants Brian
Case 2:17-cv-02315-JCM-CWH Document 87 Filed 05/16/18 Page 2 of 3
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Sandoval, in his official capacity as Governor of the State of Nevada, Richard Whitley, in his official
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capacity as Director of the Nevada Department of Health and Human Services (collectively the
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“State”), and the Nevada Legislature (the “Legislature”), stipulate and agree as follows:
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On September 1, 2017, Plaintiffs commenced this action seeking declaratory and injunctive
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relief pursuant to 42 U.S.C. § 1983, concerning Nevada Senate Bill No. 539 (“SB 539”). Plaintiffs
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and the Legislature have filed cross-motions for summary judgment, and those cross-motions are
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presently pending before the Court. The Legislature recently filed a Motion for Leave to Supplement
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the Summary Judgment Record (the “Motion”). Ecf. no. 86. Plaintiffs’ response to that Motion is
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currently due May 17, 2018. Plaintiffs, the State and the Legislature agree to an extension of time
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from May 17, 2018 to May 24, 2018 for Plaintiffs to respond to that Motion.
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This extension is not sought for delay. This extension is a first request. The Motion seeks
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to supplement the summary judgment record with proposed regulations implementing SB 539. On
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May 16, 2018, the Legislative Commission of the Nevada Legislature is holding a meeting to
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consider the proposed regulations. The outcome of that meeting may have a bearing both on the
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content of and timing of completion for the regulatory process. Plaintiffs thus seek this one-week
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extension to May 24, 2018 to enable Plaintiffs to consider any impact the May 16 hearing may have
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Case 2:17-cv-02315-JCM-CWH Document 87 Filed 05/16/18 Page 3 of 3
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on the proposed regulations before submitting their response to the Legislature’s Motion.
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Presented by:
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/s/ Pat Lundvall
Pat Lundvall (NSBN 3761)
McDONALD CARANO LLP
2300 West Sahara Avenue, Suite 1200
Las Vegas, Nevada 89102
Telephone: (702) 873-4100
lundvall@mcdonaldcarano.com
/s/ Linda C. Anderson
Linda C. Anderson (NSBN 4090)
Nevada Attorney General’s Office
555 E. Washington Ave.
Suite 3900
Las Vegas, NV 89101
Telephone: (702) 486-3077
landerson@ag.nv.gov
Attorney for Defendants Brian Sandoval
and Richard Whitley
Robert N. Weiner
Jeffrey L. Handwerker
R. Stanton Jones
ARNOLD & PORTER KAYE SCHOLER LLP
601 Massachusetts Avenue, NW
Washington, DC 20001
Telephone: (202) 942-5000
/s/ Kevin C. Powers
Kevin C. Powers (NSBN 6781)
Chief Litigation Counsel
Nevada Legislative Counsel Bureau, Legal
Division
401 S. Carson Street
Carson City, Nevada 89701
Telephone: (775) 684-6830
kpowers@lcb.state.nv.us
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Attorneys for Plaintiffs Pharmaceutical
Research and Manufacturers of America and
Biotechnology Innovation Organization
Attorney for Defendant Nevada Legislature
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It is SO ORDERED this
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day of
May
, 2018.
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United States District Judge
UNITED STATES MAGISTRATE JUDGE
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